WSR 06-11-129

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed May 22, 2006, 9:51 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1)

Title of Rule and Other Identifying Information: Revise SCAPCA Regulation I, Article X, Section 10.09 - Asbestos fees.

Hearing Location(s): Spokane County Public Works Building, Lower Level Hearing Room, 1206 West Broadway, Spokane, WA 99201, on July 6, 2006, at 9:30 a.m.

Date of Intended Adoption: July 6, 2006.

Submit Written Comments to: Brenda Smits, 1101 West College, Suite 403, Spokane, WA 99201, e-mail bmsmits@scapca.org, fax (509) 477-6828, by 4:30 p.m. Tuesday, June 27, 2006.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m., Tuesday, June 27, 2006, (509) 477-4727 ext. 106.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Purpose: Revise SCAPCA Regulation I, Article X, Section 10.09 to allow for full cost recovery of SCAPCA's comprehensive asbestos program, established in 1998, established in 1998, as directed by SCAPCA's board in Resolution 98-01.

Anticipated effects: The proposed fee changes will allow SCAPCA to continue the current level of implementation for its comprehensive asbestos program. The proposed changes are intended to achieve full cost recovery.

Changes to existing rule:

1. Remove $50 amendment fee;

2. Increase Owner-Occupied, Single-Family Residence demolition fee;

3. Increase Non-Owner-Occupied, Single-Family Residence fee;

4. Combine project categories for 1,000-9,999 linear ft., 5,000-49,999 square ft. and >10,000 linear ft., >50,000 square ft., into a single project category for ≥1,000 linear ft., ≥5,000 square ft.; and

5. Add exception for hazardous conditions to table for clarification.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380(2).

Statute Being Implemented: Chapter 70.94 RCW; 42 U.S.C. 7401 et. seq.; and 42 U.S.C. 7412.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: In 1998, SCAPCA's board established a comprehensive asbestos program as a reasonable approach to control asbestos emission from renovation and demolition activities, acknowledging that there is no known safe level of asbestos exposure. Resolution 98-01 directed SCAPCA to achieve full cost recovery for the asbestos program. No changes have been made to asbestos fees since the program's inception in 1998. Currently, the asbestos program is not at full cost recovery. The proposed changes in the asbestos fees will allow for full cost recovery.

Name of Proponent: Spokane County air pollution control authority (SCAPCA), governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Brenda Smits, 1101 West College, Suite #403, Spokane, WA 99201, (509) 477-4727; and Enforcement: Matt Holmquist, 1101 West College, Suite #403, Spokane, WA 99201, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule. Chapter 19.85 RCW does not apply to local air pollution control authority rule development/amendments.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule amendment.

May 18, 2006

B. Smits

Air Quality Specialist

AMENDATORY SECTION

REGULATION I, ARTICLE X, SECTION 10.09 - ASBESTOS FEES


ARTICLE X


SECTION 10.09 ASBESTOS FEES


Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee according to Section 10.09.A.


A Notification Period and Fees

Project Size or Type Notification Period Fee
Owner-Occupied,

Single-Family Residence Asbestos Project (excluding demolition)

Notification

Not Required

None

None

Owner-Occupied,

Single-Family Residence Demolition

All Prior Notice

$((25))

30

All Other Demolitions

with no asbestos project

All 10 Days $((150))

250

Asbestos Project

includes

demolition fee*

10-259 linear ft

48-159 square ft

3 Days $((150))

250

Asbestos Project

includes

demolition fee

260-999 linear ft

160-4,999 square ft

10 Days $((300))

500

((Asbestos

Project

includes

demolition fee))

((1,000-9,999 linear ft))

((5,000-49,999 square ft))

((10 Days)) (($750))
Asbestos Project

includes

demolition fee

((>10,000)) ≥1,000 linear ft

((>50,000)) ≥5,000 square ft

10 Days $((1,500))

1,250

Emergency 9.04.C Prior

Notice**

Additional

fee equal to project fee

Amendment*** 9.04.B Prior Notice $((50)) 0
Alternate Means

of Compliance

(demolitions or friable asbestos-containing material)

9.07.A or C 10 Days Additional fee equal to project fee
Alternate Means

of Compliance

(non-friable asbestos-containing material)

9.07.B 10 Days Additional fee equal to project fee
Exception for Hazardous Conditions 9.05.B Concurrent

with Project

Regular Project Fee
Annual 9.04.A.8 Prior Notice $1,000

* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.
** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.
*** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted in addition to the (($50)) amendment fee.

B. The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

E. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office